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Madras High CourtWP(MD)/8555/2022disposed of

Nagappan v. The Commissioner Of Police

2022-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No.8555 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No.8555 of 2022 Nagappan ... Petitioner Vs.

1. The Commissioner of Police, Trichy City, Trichy.

2. The Inspector of Police, City Crime Branch, Trichy City.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus, directing the respondents herein to take appropriate action on the petitioner's representation, dated 13.02.2021 and on strength of order passed by the learned Judicial Magistrate II, Trichy in Cr.M.P.No.1866 of 2021, dated 19.04.2021.

For Petitioner : Mr.M.Karunanithi For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

The prayer sought for in the present writ petition is to direct the respondents herein to take appropriate action on the petitioner's representation, dated 13.02.2021 and on strength of order passed by the learned Judicial Magistrate II, Trichy in Cr.M.P.No.1866 of 2021, dated 19.04.2021.

2. The petitioner lodged complaint before the second respondent and the second respondent did not register the FIR. Therefore, the petitioner was constrained to file a petition under Section 156 (3) of Criminal Procedure Code, a Criminal M.P.No.1866 of 2021 before the learned Judicial Magistrate II, Trichy. The learned Judicial Magistrate vide order, dated 19.04.2021 had directed the second respondent to register the FIR and file a report. However, the second respondent kept the matter in cold storage without complying with the order passed by the learned magistrate.

3. Considering the above facts and circumstances, this Court directs the second respondent to register the FIR forthwith as https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No.8555 of 2022 directed by the Judicial Magistrate II, Trichy in Criminal M.P.No.1866 of 2021, dated 19.04.2021 and proceed with the investigation.

4. With the above direction, the writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (A.D.I) // True Copy // / /2022 Sub Assistant Registrar(CS) btr To

1. The Commissioner of Police, Trichy City, Trichy.

2. The Inspector of Police, City Crime Branch, Trichy City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.KARUNANITHI, Advocate ( SR-22668[F] dated 29/04/2022 ) W.P (MD).No.8555 of 2022 28.04.2022 RD(24.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2